Discharge

The principal reason people seek bankruptcy relief is to obtain a discharge, a Court order stating that you are not required to pay your dischargeable debts.

There are some debts, however, that cannot be discharged, including most taxes, child support, alimony, student loans (in most cases), certain fines or penalties payable to a governmental authority, personal injury caused by driving drunk or under the influence of drugs, and loans from a retirement plan. Creditors who claim that you committed fraud, embezzlement, larceny, a willful and malicious injury such as an assault, and certain other types of acts must bring a nondischargeability action and prevail in order to have their debts declared nondischargeable.

Generally, the discharge applies only to debts incurred before your filing date. Your discharge may be denied if the Court finds that you received money or property by fraud, or if you are dishonest with regards to your bankruptcy petition.

You may only receive a Chapter 7 Discharge once every eight years. You can only receive a Chapter 13 Discharge two years after receiving a prior Chapter 13 Discharge or 4 years after receiving a discharge under another Chapter.

To learn more about having your debt discharged, please contact Attorney Scott M. Charmoy at (203) 255-8100 today.